Commentary on SCC case Communications, Energy and Paperworks Union of Canada Local 30 v Irving Pulp and Paper Mill, 2013 SCC 34, and compares ratio to provide an analysis on the then ongoing litigation issues in Alberta Communications, Energy and Paperworks Union Local 707 v Suncor Energy Inc, 2012 ABCA 307; union vs. non-unionized setting on pre-employment drug test and the line of addiction as deciding factor.
Discusses the test for anonymity of decisions and the implications for disability.
SCC held the Quebec's rehabilitation act was subject to the Quebec Charter and therefore reasonable accommodation beyond that set out in the Rehabilitation Act is required by employers for persons with disabilities.
Summary and analysis of decision in Stewart v Elk Valley Coal Corp, 2017 SCC 30; impact on employer's right to take proactive measures in the workplace.
Duties and Responsibilities in the Accommodation Process. Reviews the parties duties in the accommodation process.
A review of the various tests of prima facia discrimination.
Outlines a general process for managers in the public sector; working for the Government of Canada and what it means to uphold the duty to accommodate; review of legislation and prohibited grounds of discrimination; Canadian Human Rights Act.
Discussion of Pourasadi v Bentley Leathers decision of the HRTO, in which employer's duty to accommodate did not extend to permanently altering the essential duties of the position, or to assigning the essential duties to other employees; physical restrictions in the workplace.
Article discusses the OHRT finding that a miscarriage is a disability.
Summary of Ontario Human Rights Tribunal decision in Fair v Hamilton-Wentworth District School Board, 2012. Author notes the remedial order may seem surprising, but the large award for the employee is guided by the long period of time (almost 9 years) taken to litigate.